We assume no liability or responsibility for damage or injury to persons or property arising from any service, information, idea, or instruction contained on the site or in any materials provided to you. We reserve the right to change or discontinue, at any time, any aspect or feature of any service and site. We are no way liable for the misuse of our product or service by you.
The materials appearing on our website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on its web site are accurate, complete, or current or suitable for a particular purpose. We may make changes to the materials contained on its web site at any time as and when appropriate, without any notice.
Intellectual Property Rights
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, we own all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
- The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that our name is stated as the source and prior written permission of the Company is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
- Notwithstanding the foregoing, it is expressly clarified that the user will retain ownership and shall solely be responsible for any content that the user provide or upload when using any Service, including any text, data, information, images, photographs, or any other material which the user may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) the user expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of the user’s content by third party users, the user accept the User whereby the user grant a non-exclusive license for the use of the same.
- While submitting any proprietary information to us to enable us to deliver our service to you effectively, you represent and warrant that you are the owner of or have the exclusive right to use any and all proprietary information provided to us in furtherance of or in connection with these terms including without limitation any and all trade names, trademarks, copyrights, graphics, designs, logos, written content/copy for any use, to include copy for web design and brochures/flyers and similar materials or information.
- You understand that the Company retains the rights to all designs and materials delivered to you and does not transfer any rights in these materials to you.
You may not use any of our intellectual property in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us in any way.
Disclaimer of Warranties and Liabilities
Except as otherwise expressly stated with respect to our products, all contents of the site are offered on an “as is” basis without any warranty whatsoever either express or implied. We make no representations, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose.
While We try our best to ensure the following, we make no warranties that our products or services will be provided in a timely and secure manner, or without errors or defects, or that our products or services will not infringe on the intellectual property or proprietary rights of any third party. We do not warrant that the results obtained from Your use of the products or services provided by us will meet your expectations.
We do not guarantee the functions contained in the site will be uninterrupted or error-free, that this site or its server will be free of viruses or other harmful components, or defects will be corrected even if we are aware of them.
Submissions
We welcome your suggestions and comments regarding your experience using our Website. Any comments, ideas, suggestions, initiation, or any other content you contribute to this site or to the Company (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for us to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works , display worldwide, or act on such content, without additional approval or consideration, in any , media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You represent and warrant that you own or otherwise control all of the rights to the content that you contribute to this site and that use of your content by us will not infringe upon or violate the rights of any third party.
Dispute Resolution and Jurisdiction
The formation, interpretation and performance of this Agreement and any disputes arising out of it will be resolved through a two-step Alternate Dispute Resolution mechanism.
- Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole arbitrator and in the case both parties accept the proposed name, the said person shall be appointed sole mediator. In the case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties. However, the parties in good faith will attempt to bind by the decision.
- Stage 2: Arbitration. In the case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board is to comprise three members. One is to be appointed by each party and the third member is to be nominated by the two appointed members by mutual consent between them. The award as the outcome of the arbitration is final and binding on both parties and there shall be no further remedy available to both parties. The arbitration proceedings will take place in the English Language and will be situated in the city of Agra which is in the state of Uttar Pradesh, India. The mode of appointment of the arbitrators is as provided above.
In the event of the dispute resolution mechanism failing, the matter shall be governed by the law, rules and regulations of the city of Agra which is in the state of Uttar Pradesh, India. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in the city of Agra which is in the state of Uttar Pradesh, India, and you hereby submit to the personal jurisdiction of such courts.
Miscellaneous Provisions
- Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between you and us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
- Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party’s right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
- Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.